Williams v. Butterfield
Supreme Court of Missouri
Appeal from Stoddard Circuit Court.- — No». F. B. Bearing, Special Judge. The deeds to Wolfenden and respondents were not constructive notice to Williams; in fact, the deed to ■respondents is not proven: First. The acknowledgment is not according to statute. E. S. 1899, sec. 908. Second. There is no'certificate to the acknowledgment recognized by statute. E. S. 1899, sec. 911. Third. Eespondents’ deed was not entitled to record because not proven or acknowledged.
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Appeal from Stoddard Circuit Court.- — No». F. B. Bearing, Special Judge. The deeds to Wolfenden and respondents were not constructive notice to Williams; in fact, the deed to ■respondents is not proven: First. The acknowledgment is not according to statute. E. S. 1899, sec. 908. Second. There is no'certificate to the acknowledgment recognized by statute. E. S. 1899, sec. 911. Third. Eespondents’ deed was not entitled to record because not proven or acknowledged. E. S. 1899, secs. 823, 9062. Fourth. A deed with a defective acknowledgment and improperly recorded is not constructive notice and…
1Opinion of the CourtFox, J.
The statement of the facts, and the legal propositions involved arising by reason of said facts, were very clearly and concisely stated in the former consideration of this case; by permission that statement is adopted. It is as follows:
“This is an action to quiet the title to section eleven, township twenty-six, range twelve, in Stoddard county, Missouri. The court dismissed the bill and rendered judgment in favor of defendants for costs. Plaintiff appeals.
“Henry Bohlcke is the common source of title, the plaintiff claiming under and directly from him, and defendants through mesne…
2Cases cited2 opinions
- Bishop v. SchneiderSupreme Court of Missouri · 1870
- Terrell v. Andrew CountySupreme Court of Missouri · 1869
3Cited by5 opinions
- Hatcher v. HallMissouri Court of Appeals · 1956
- Fowles v. BentleyMissouri Court of Appeals · 1909
- Williams v. ButterfieldSupreme Court of Missouri · 1908
- Miller v. ProctorSupreme Court of Missouri · 1932
- Honea v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1913